GDA Speakers Terms and Conditions

Welcome to the website of Gail Davis & Associates, Inc. “GDA”, its subsidiaries, parent, and affiliated companies (collectively, “GDA”) (this “Site”). Set out below are the general terms and conditions applicable for use of this Site. By using or entering into this Site, you agree to be bound and are bound by these Terms and Conditions. If you do not agree with these Terms and Conditions do not use this Site. GDA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time, without notice and without liability towards you. Be sure to check this page periodically for updates, as your continued use of this Site after such updates signifies your acceptance of any changed terms or conditions. GDA will not be held responsible or liable for the timeliness of or removal of information, failure to store information, inaccuracy of information or improper delivery of information.

General Use

GDA uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of any programs that may be available through or described on this Site, and each is hereinafter singly and collectively referred to as a “supplier.”

The logos, trademarks, designs or information contained in this Site is the property of GDA or GDA is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express without consent of GDA is prohibited.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of GDA, its supplier(s), or any third party.

This Site, unless specifically otherwise identified, does not create a business or professional services relationship between you and GDA and/or its supplier(s).

You may not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions or by law, or that causes damage to GDA on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international, or other law.

You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

Links to Other Sites

This Site may provide links to co-branded, third-party supplier sites, in addition to other websites not operated by GDA. Such links do not imply, nor should you infer, association, sponsorship, affiliation, or endorsement of material on any other site, and GDA assumes no responsibility for such third-party web sites, including, but not limited to any content contained on such websites. Any creation by you of hyperlinks to this Site is not allowed without the express written consent of GDA.

Privacy Policy

Registration data and other personally identifiable information will be collected and used by GDA consistent with our Privacy Policy, which is incorporated herein for all purposes. You can see our Privacy Policy at https://www.gdaspeakers.com/privacypolicy/.

Submissions

GDA welcomes your comments regarding our products and services. However, we cannot accept or consider ideas, suggestions, proposals, materials, including, but not limited to, creative artwork, or ideas for advertising, promotions, or other product offerings other than those we have specifically requested. This policy is intended to help GDA avoid future misunderstandings when new products, services, and features developed internally by GDA might be similar or even identical to your idea.

If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you will be agreeing and warranting, and GDA will consider the Submission to be, non-confidential and non-proprietary and that GDA may use such Submission or not, as it chooses in its sole discretion. GDA shall have no obligations to you concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Further, you understand and agree that the Submission becomes the sole property of GDA. By submitting the Submission you also understand and agree that GDA shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

Limitation of liability/Indemnity

Except where prohibited by law, in no event shall GDA be liable to you for any incidental, indirect, special, punitive, exemplary and/or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Site or services offered by GDA, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability and/or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. Unless prohibited by law, in no event shall the aggregate liability of GDA or any of their officers, directors, employees or insureds to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less.

YOU shall indemnify, defend and hold harmless GDA, its affiliates, directors, officers, shareholders, predecessors, successors in interest, agents and employees from and against any ACTUAL OR threatened DEMANDS OR ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, losses, damages, CAUSES OF ACTION, JUDGMENTS, and expenses including court costs, EXPERT FEES, and attorneys’ fees made, or asserted, against GDA by any third party due to, arising out of, or in connection with any materials provided to GDA by YOU, YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS, YOUR representations MADE TO GDA, or the nature or content of YOUR presentation. YOU SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO GDA. SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS, AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE AND A COMMERCIALLY REASONABLE TIME TO CURE, GDA MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.

For any materials or information provided by you to GDA, or related to or included in the content of your presentation, you represent and warrant that: (a) you are the owner or license holder, or has the authority to use any such materials, information, or content; (b) such materials, information, or content do not and will not violate or infringe any trademark, copyright, patent, confidentiality, other intellectual property right (collectively “IP Rights”) of any third person; (c) you have the legal right and authority to use any such materials or content; (d) GDA has the legal right to use any such materials, information, or content for the purposes intended by GDA without restriction or limitation; (e) use by GDA of the materials, information, or content for their intended purposes will not violate any IP rights of any third person; and (f) if you learn that any of the materials or information provided by you to GDA, or related to or included in the content of your presentation, or any portion thereof, are in violation of any IP Rights of any third-person, then you will immediately notify GDA and take such action as is necessary to modify any materials, information, or presentation to cure any violation. You shall assume all liability for all royalties, licenses, patent fees, and any other charges made in connection with any such materials, information or content.

DISCLAIMER

THIS SITE, AND ALL ITS CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GDA AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELY, “GDA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION PROTECTECTION, OR QUIET ENJOYMENT.

THE GDA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT GDA OR ANY OF ITS PRODUCTS OR SERVICES. GDA UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF SUCH INFORMATION.

Governing Law and Jurisdiction

These Terms and Conditions and our Privacy Policy are governed and interpreted under the laws of the State of Texas, United States of America. By using this Site you hereby irrevocably consent to the jurisdiction of the courts and arbitration located in Dallas County, Texas, to the exclusion of all others, for any action arising from these Terms and Conditions or GDA’s Privacy Policy. Furthermore, you hereby agree to waive any right to contest venue or jurisdiction in Dallas County, Texas.

You agree that any cause of action or claim you may have with respect to these Terms and Conditions or the Privacy Policy must be commenced within two (2) years from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

Use outside of the United States/Void where prohibited

This Site is operated by or for GDA. GDA makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of this Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country.

Those who choose to access this Site from outside of the United States do so based on their own initiative and are responsible for compliance with applicable local laws, about which GDA makes no warranties or assumptions. Any offer for any feature, product or service on this Site is void where prohibited.

Arbitration and Class Action Waiver

Any controversy or claim arising out of or relating to these Terms and Conditions and/or GDA’s Privacy Policy (including any claimed breach or breaches thereof) shall be settled by mandatory arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator. If you and GDA cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50; provided, however, that the arbitrator has no ability to award attorneys’ fees or costs incurred on any party’s behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters as they exist between you and GDA only. The arbitration shall take place in Dallas County, Texas. The Arbitrator shall follow Texas law, as may apply to a particular claim. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR GDA MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of this Class Action Waiver. If the Class Action Waiver is deemed to be unenforceable, you and GDA agree that this Agreement is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration. The Arbitrator may not consider and has no authority to consider any claims alleged as class or collective actions or as a representative matter.

As noted, the Arbitrator's authority to resolve and make written awards is limited to claims between you and GDA only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between you and GDA, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by you and GDA. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Miscellaneous

If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions.

The failure of GDA to act with respect to a breach of these Terms and Conditions and/or Privacy Policy by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.

These Terms and Conditions and policies referenced herein constitute the entire agreement between you and GDA for the subject matters discussed herein. No modification or waiver by GDA of any provisions herein shall be deemed to have been made unless made in writing and signed by Gail Davis.

Notices

To request consent or any other notice related to this Site, please send as follows: